Not all New York City apartments are legal. New York City zones buildings as residential or commercial, and laws dictate bedroom size, heat, gas, water, and sanitation specifications. An illegal rental property poses a safety risk for prospective tenants, neighbors, and the local community. Prospective residents looking to rent an apartment should familiarize themselves with the signs of an illegal apartment to ensure their safe rental experience.
Illegal Apartments in New York City
Each local government may have its own qualifications for legal and illegal apartments. In New York City, building owners cannot use a part of their building beyond its specified use. For example, commercially zoned units cannot be rented as residential spaces. Cellars, commonly found in single-family homes, are not zoned as residential dwellings and, therefore, are illegal to rent. Some basements can be legal apartments, but renters should exercise caution to determine the unit’s legality.
There are some tell-tale signs of an illegal apartment. If the electricity comes from extension cords or your door locks with a padlock, the landlord is likely collecting illegal rental income.
All buildings built after April 1929 have a certificate of occupancy, which denotes the building’s permitted use and how many apartments it can have on each floor. Renters can ask for a certificate of occupancy or find one online if they are suspicious of the apartment.
Potential Signs of an Illegal Apartment
There are some standard ways renters can tell if a unit is illegal. Those touring apartments may come across the following signs of an illegal apartment:
- The unit does not have inside plumbing, a bathroom, or a cooking area.
- The bathroom or kitchen is separated around the apartment. (This could look like a toilet and a shower in different rooms or a fridge and stove in different areas.)
- The apartment does not have windows.
- The unit does not have a secondary exit. In New York City, most apartments have a front door and a fire escape.
- The unit shares a gas or electrical meter with other residents in the building.
Legal Apartments and Bedrooms
There are also laws regarding bedrooms specifically. So, if you’re living with roommates or looking to share an apartment, you should know what qualifies as a bedroom in NYC.
- The bedrooms must be 80 square feet in size, and no dimensions should be less than 8 feet. However, if the apartment has three or more bedrooms, half can have a minimum dimension of 7 feet.
- Ceilings must measure at least eight feet tall or seven feet tall for basement units.
- At least one window or point of egress needs to open to a street, a yard, a garden, or a court, which adheres to fire safety regulations.
- Bedrooms cannot serve as a passage to another room and must be a specified sleeping area. For example, a long and spacious hallway is not a bedroom.
Many New York City apartments offer flexible layouts for tenants, also called flex bedrooms. For example, a two-bedroom unit could flex into a three-bedroom unit to accommodate more renters. If the landlord does not acquire the proper permit to install an additional pressurized wall, the flex is illegal.
Are Basement Apartments Illegal in NYC?
Some basements in New York City may be legal, and this means they adhere to light, air, sanitation, and egress requirements. However, cellars in New York City are never safe for renting and cannot be leased to tenants.
Basements and cellars have many commonalities, but they differ in their share of space above and below ground level, which affects their legality. In a basement, at least one-half of the height sits above the curb level. In a cellar, at least one-half of the height rests below the curb.
The city’s Department of Buildings (DOB) must approve a basement for renting purposes. Any unapproved basement is an illegal rental apartment. The basement must reside in a single or two-family home with water-proofed walls, every room must have a window, and the ceiling must be at least seven feet tall. Two-family homeowners should know that they cannot rent their legal basement if it would change the status of the building to a multiple-dwelling unit.
Learn more:
Signs of an Illegal Apartment During the Renting Process
Outside of viewing the apartment and noticing illegalities in the structure, plumbing, or flexing situations, there are other ways renters can spot an illegal rental property.
Faulty Lease Provisions
Most landlords should provide a standard lease when leasing their units. If a landlord does not provide a lease or requests a month-to-month agreement, this could be a sign of an illegal apartment. Even if the apartment is legal, this could also be a sign that the landlord does not wish to sign any document that protects renters from their tenant rights.
Landlords may request that you only pay with cash, which is another sign that something is awry. Many larger landlords and management companies allow tenants to pay their rent with a check or automatic payment, and tenants should have a receipt of their payment. If you pay someone cash, they have a simpler way to run off with the money and leave the renter stranded.
Learn more: Illegal Rental Lease Terms
All Utilities Are Included
While most renters love to get a free month of rent or a lower broker fee, there are some concessions that can raise a red flag. If the landlord offers to cover all of the utilities, it may be because they do not want another name connected to the property that violates the building’s legal occupancy.
It’s important to note that in older buildings, landlords will cover the heat and gas because they do not have a way to determine each unit’s individual usage. However, these landlords likely will not cover the electricity, WiFi, or cable bill, and renters must sign up for a service independently.
Conclusion
By educating themselves on the signs of an illegal apartment, New York City renters are one step closer to a safe and positive lease duration. Those who run into a potentially illegal apartment should report their findings to the DOB and help other prospective tenants avoid the unit.
